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All you’ll get here is opinions which really aren’t worth much. I would recommend you contact some competent legal counsel.
What happened to Larry the Lawyer?
He’s back from vacation…
I agree that we will get opinion, however, this is a board and I would like to hear what people think. The fact is, a lawyer is a highly paid opinion that may still be wrong.
The fact is, a lawyer is a highly paid opinion that may still be wrong.
– that, made me smile. how pleasantly succinct, and accurate.
ocw wrote:So the questions we really need answered, what is illegal and legal for affiliates at this point?1) Can US based affiliates accept payments for casinos that still accept US players? Or is that illegal?
2) Is it simply illegal to promote online casinos that accept US based players?
3) Is it illegal for affiliates to host on US based IPs if they promote casinos that support US players?
Hoping for some answers and more questions that need to be answered.
The law contains language broad enough that US-based affiliates can be charged if they are providing any hyperlinks to any online gaming site to anyone. If you have a single hyperlink to a single online gaming site, you can be charged.
So the short answer is that #1, #2, and #3 are all currently illegal, if the broadest interpretation of the law is used.
But that’s not really the point or what anyone is currently gnashing their teeth over and consulting lawyers about. The million dollar question is what is the likelihood that you’ll ever be charged, and if the government will even attempt to go after affiliates. And, sadly, only time will really answer that one, as the long answer is who knows.
** this question has now been answered positively – thanks Tom – so you can ignore this post **
well thankfully I’m a UK affiliate but a LOT of my business is US based…
I just noticed that my Wagershare account is now already showing ALL US players as locked meaning ‘no commission’..
Tom, I know you’re a member here – some reassurance that this isn’t going to mean what it looks like at the moment.
Fact is – the law is only just passed so surely I would think all earnings up until now are mostly cleared funds which can’t back-track ? (i.e. meaning we should be able to earn up to the day rather than just the end of Sept?)
Concerned but still thinking A LOT ‘what does this REALLY mean’ lol…
Geno/CC
** this question has now been answered positively – thanks Tom – so you can ignore this post **
Agree with Scurvy that the law is messy enough that it can be interpreted any which way by prosecutors and judges. I think if you went and got three legal opinions you’d probably get three different interpretations. It will be effective though in a similar way to how a MLB pitcher is effectively wild as far as the fear factor.
I doubt that they would go after smaller affiliates but I personally wouldn’t take the chance. If you think about it, all it would take is one arrest – no matter if it was big or small, and I’d bet a lot/all US affiliates would shut down.
Let somebody else stick there neck out there – that seems to be the approach of all of the programs anyway. They are either offshore (and probably untouchable) or have US interests and will stop serving this market altogether. Their actions are the culmination of the best legal opinions money can buy.
I am guessing most, if not all, of your larger US affiliates have made some type of arrangements to remove the risk to themselves. This could involve selling their sites, transferring to a non US owner in a special arrangement, or just shutting them. So they are also not willing to take any risk with this new law.
There is too much money to be made out there in other industries to risk anything imo.
ocw wrote:So the questions we really need answered, what is illegal and legal for affiliates at this point?1) Can US based affiliates accept payments for casinos that still accept US players? Or is that illegal?
2) Is it simply illegal to promote online casinos that accept US based players?
3) Is it illegal for affiliates to host on US based IPs if they promote casinos that support US players?
Hoping for some answers and more questions that need to be answered.
Any AFFILIATE PROGRAMS want to step up and give an answer for this? You guys have the money and the lawyers. CAN WE PROMOTE YOU OR NOT, and if we can, how can we do so without getting into trouble? I’m pretty sure we are all tired of opinions.
